The ancient times did not recognize the idea of divorce as back then marriage was something sacred that continued even after the death of parties. With changing times, the idea of divorce got prominence and it is now a common practice to break matrimonial ties with your spouse. But what are the grounds on which one can seek a divorce? Legal Grounds For Divorce in India under Section 13 of the Hindu Marriage Act, 1955 lays down eight grounds on which either of the spouses may choose to end relations with each other.
Legal Grounds For Divorce in India:
Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. A single act of adultery is enough to grant a divorce. Even if sexual intercourse is between the husband and the second wife and if the second marriage is a bigamous marriage then also it will be considered as adultery.
Cruelty does not only consist of physical cruelty but mental cruelty as well. For an act to be considered as cruelty, it must be so grave that the affected spouse could not be expected to live with the other abusing spouse. Physical cruelty means when a spouse beats or inflicts any other sort of bodily injury to the other. Mental cruelty is faced by one of the spouses when they undergo such mental pain and such misery is inflicted that living with the spouse will only make things worse. The following consists of mental cruelty and are not only limited to these
- False accusations of adultery.
- The demand of dowry by a husband or his parents.
- Total lack of affection on the part of a spouse.
- False criminal charges.
- False allegations of insanity and lunacy.
- False complaints to the employer.
Desertion essentially means abandoning your spouse without any reasonable cause and without their consent. For desertion to be committed it is necessary that there must be an intention to abandon your spouse. Simply if your spouse is studying or working away from home but is stranded and cannot come back, that will not constitute desertion as there was no intention to abandon. However, when a spouse is forced to leave the matrimonial home by the conduct of the other that will not be termed as desertion. To file a case for divorce the desertion must be of at least two years and you should hire the best NRI lawyers of RK Legal Advisors.
Conversion To Another Religion
Of either of the spouse has and ceased to be a Hindu and chooses to convert into another religion like Islam, Christianity, or Zoroastrianism, divorce can be obtained. This conversion only takes place when the spouse performs the ceremonies required for the conversion of the other religion and not otherwise.
Insanity means the person has become of unsound mind and is not able to comprehend things like a normal human being would do. This includes a mental disorder or psychopathic disorder which may include abnormally aggressive behavior or seriously irresponsible conduct which would not be done by a normal or a sane person.
Under this concept, if one of the spouses has a disease that is incommunicable form and can be transmitted to the other spouse, then this can be considered as the valid ground for divorce.
Reninciation Of The World
If the spouse has renounced the world by entering into a religious order and starts to walk the path of God then the divorce can be obtained as such a person is considered to be civilly dead.
Presumption Of Death
A person is presumed to be dead if he has not been heard to be alive in the last seven years or more by the person’s family or friends. It will be a valid ground for divorce.
Irretrievable Breakdown Of Marriage
Irretrievable breakdown of marriage means that there has arisen such a situation that the spouses are no longer able to live with each other nor they wish to do so. The matrimonial relationship has resulted in a failure reasonable and there is no probability that the spouses will remain together for mutual comfort and support. Such a marriage is emotionally dead and thus is a valid ground for divorce.
WIFE’S SPECIAL GROUNDS FOR OBTAINING DIVORCE
In addition to the above-mentioned grounds, the wife has special grounds on which only she can obtain a divorce.
Commission of the offense of rape, sodomy, or bestiality by the husband gives the right to the wife to divorce him. Sodomy is committed by a person who has carnal copulation with a member of the same sex or with an animal. Bestiality is a sexual union by a human being against the order of nature with an animal. If the husband commits these offenses then the wife has the right to divorce him but it is not vice versa.
Decree or Order Of Maintenance
If a wife has obtained an order of maintenance in proceedings against the husband and if the parties have not resumed cohabitation for one year and upwards after the passing of such order then the wife can sue for divorce on that ground.
Reputation Of Marriage
A wife who has married before the age of 15 years and has repudiated such marriage between 15-18 years of age may bring a petition for divorce on that basis. This clause thus provides some relief to those Hindu girls who were married before the age of 15.
Divorce by Mutual Consent
Divorce can also be obtained by both the parties through mutual consent. The conditions for the same are
- That the parties have been living separately for a period of one year
- They have not been living together
- They have mutually agreed to live separately
After a petition has been filed to obtain a divorce by mutual consent, the parties have to wait for a minimum period of 6 months and not more than 18 months.
In conclusion, the law has laid down the appropriate provisions for enabling the parties to obtain a divorce you should hire the best divorce lawyers in India. But a successful divorce can only take place if one is represented by the best family lawyer so that the proceedings take place smoothly.
We at RK Legal Advisors have a fully competent team to deal with all aspects of divorce including the prospects of reconciliation, guidance, and out-of-court settlement.
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